Breath Tests in Washington: Filings are beginning in Snohomish County on a new challenge to the breath test. While the BAC (breath) test is not the only evidence in many DUI cases, the potential inaccuracy of the test results displayed and the prejudicial value of the potentially misleading evidence it gives jurors makes it often condemning, even when the known confidence interval may make the potential result be well below the legal limit.

Case Law Update: Within 7 Years Defined by Washington Supreme Court. For many years vagueness in the Washington DUI statute (RCW 46.61) resulted in situations where prior AND future incidents were considered for sentencing. However, new case law states that the statute’s language “within 7 years” means within 7 years prior to the date of the violation of the sentencing matter.

Ignition Interlock License (IIL) FAQ:

Question: What is an Ignition Interlock License (IIL)?Answer: A new Washington Law created the IIL which allows a person to drive vehicles equipped with an ignition interlock while their regular license has been suspended or revoked for alcohol-related Driving Under the Influence (DUI) or Physical Control charges. There is no drive-time restriction, and in many cases, the IIL replaces the Occupational Restricted License.

Question: Will I be able to get an Ignition Interlock License (IIL)?Answer: If you’ve been arrested for DUI, had a valid driver’s license, haven’t been convicted of vehicular assault or vehicular homicide within 7 years, you probably qualify for an Ignition Interlock License. A quick consultation with attorney Brian Sullivan can determine your eligibility.

Question: I drive for work. Will I have to have an ignition interlock device installed in my work vehicle?
Answer: You may well be able to continue to drive your work vehicle without an ignition interlock device. However, you will have to have a waiver for the IID, completed by your employer, submitted to DOL for approval.

Question: How do I get an IIL?
Answer: You must do three things: (1) get a state-certified IID installed in all vehicles you will be driving, (2) get SR-22 insurance, and (3) complete the IIL application and submit it and the application fee to the Department of Licensing. The Department takes several weeks to process the application.

Question: How much does it cost to get an IIL?
Answer: There is a $100 application fee for the IIL. Generally, the applicant must also pay for (1) SR-22 insurance, (2) rental or purchase of an Ignition Interlock, and (3) $20 per month to the state. Indigent persons may qualify to have IID companies or the DOL waive costs.

Question: If I am charged with DUI Drugs, should I still apply for an IIL?
Answer: Probably not. Currently, the IIL statute does not contemplate DUI Drugs. Rather, the law is aimed at alcohol-related offenses.

Question: Can I drive a commercial vehicle (can I use my CDL) while I have an IIL?
Answer: No. The statute does not allow for CDL holders to drive a commercial vehicle with an Ignition Interlock License. It is especially important for CDL holders to fight the DOL action by contesting the suspension of the CDL with an attorney.

Question: If I can apply for an IIL now, why would I request a DOL hearing?
Answer: By applying for an IIL license, you waive your right to a DOL hearing, foregoing your right to fight a requirement of high risk insurance for the next three years. Call attorney Brian Sullivan for a free consultation and to answer your additional questions regarding the IIL and other consequences of your DUI.

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Question: How long does it take to get an IIL?Answer: Normally, we are seeing a turn around time of 15 days, but factors in your case may affect the wait time.

2017 DUI Arrest Analysis

Breath and blood tests are in contention across the State thanks to litigation spearheaded by the Sullivan Law Group. The best defense begins now.

Recent Settlements:

January 2017: State Agency agrees to settle for over $60k for public records violations.
December 2016: settlement over $200,000 for wound from van collision.
December 2016: Under Insured motorist settlement of $100,000 policy limits for shoulder injury.

Everett Office – NEW LOCATION

WSP Settles Public Records Suit with Attorney Brian Sullivan

After withholding records related to State's breath test devices, WSP settled a public records suit with Attorney Brian Sullivan which resulted in a flood of records being released regarding the Draeger Alcotest 9510 Breath Test machine.

Office Locations

Premises Liability Settlement: Over $135,000

A construction company and several other defendants agreed to pay a client of the Sullivan Law Group over $135,000 to resolve claims of negligence against the companies for failure to make the premises of a construction site safe, causing serious bodily injury to our client.